Slip and Fall / Premises Liability: Injured
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Slip and Fall and Premises Liability

Slip and Fall / Premises Liability: Under this theory, the owners and occupiers of land or property owe a legal responsibility for accidents and injuries that occur on their property. These laws are largely dependant on state law and vary from state-to-state. What's usually important in these cases is to look at the status of the injured. Where they a trespassor or were they invited to the property? The status of the injured person with regards to the property might play a role in determining duty, depending on the state. Courts might also look at the condition of the property. Finally, there may be special laws applying to landlords and lessors of property.


Recently in Slip and Fall / Premises Liability Category

A fourth-story balcony of a Berkeley, Calif. apartment complex collapsed late last night, killing six young people and critically injuring seven others. The victims, many of whom were from Ireland and working and studying in the country, were celebrating a birthday when the apartment deck collapsed.

Local police, fire officials, and building inspectors are investigating the accident, and a criminal investigation is unlikely at this time.

Spectators at a baseball game consider themselves lucky if they can catch a foul ball. The really lucky people catch a rare bat soaring into the seats.

Last week, one lady definitely was not lucky when she was hit in the head by a bat. The injured woman, Tonya Carpenter, was sitting in the first few rows at Boston's Fenway Park watching the game between the Boston Red Sox and Oakland Athletics. A's player Brett Lawrie broke his bat during the second inning swinging to hit a ball. The bat shard flew into the stands, hitting Carpenter in the head. She was quickly rushed to the hospital with what was thought to be life-threatening injuries. Carpenter has been upgraded to fair condition but remains hospitalized.

Can Carpenter sue for her injury?

Your average slip-and-fall case is normally handled quietly by both parties and settled out of court with little fanfare. But your average slip-and-fall case doesn't normally involve a Harvard Law School professor emeritus, zealous civil liberties advocate, and frequent television guest on prominent legal topics. In that case, a lawsuit might not end as quite as quietly.

Alan Dershowitz is suing Boston's TD Garden after a nasty spill in the bathroom during a playoff basketball game in 2012. Dershowitz needed an ambulance ride to the hospital after he stuck around to see his Celtics beat the Miami Heat in Game 3 of their series. But will his slip-and-fall case be a winner?

The Joneses just got a brand new, backyard swimming pool for the summer. And while you're not worried about keeping up with them, you might be worried about keeping your kids safe.

Accidental drownings in swimming pools occur so frequently, the Consumer Product Safety Commission (CPSC) has an entire site dedicated to pool safety. So are the Joneses responsible for putting a fence around their new pool?

Did you ever think about all the hazards at your friendly neighborhood home supply stores? Paint could spill on the floor, and you could slip on it. You could puncture your foot on dropped nails and screws. A pretty light fixture could fall from the display, and hit you on the head!

So, if you're injured by slipping or hit by a falling object at a home supply store, can you sue?

The sun is out, and summer is here! This means pool parties and sunbathing.

However, be careful of swimming pool injuries. You could slip and fall on slick and slippery floors. You could be injured from swimming pool chemicals. You could get electrocuted by improper wiring in pool lights. You may even drown because a lifeguard wasn't paying attention.

So, if you get injured at a swimming pool, can you sue?

Normally we think of hospitals as places people go to get well. Every now and then, though, we can come out in worse shape than we went in.

Considering the foot traffic, liquid supplies, and (ick) bodily fluids present in the halls, rooms and just about everywhere else, it's a wonder that there aren't more slip-and-fall injuries in hospitals.

But if you fall in a hospital, could the hospital be legally responsible?

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We go to the gym to stay healthy, even visiting the hotel gym while on vacation. And we often overlook the health risks of exercising in a gym (usually because we're glued to the TV while on a StairMaster).

In a closed environment littered with exercise equipment, towels, sweat, and other workout aficionados, it's no wonder accidents happen at the gym. But if you're injured in a fall while exercising, could the gym be legally responsible? Can you sue?

Injured in an Airbnb Rental

Travel is expensive. Why spend money on a hotel if you're going to spend most of your time sightseeing? Airbnb has become a cheaper and more attractive option for many travelers.

However, what happens in the case of an injury? You slip and fall in a hotel, you sue the hotel. If you slip in fall in an Airbnb rental, who do you sue? Can you even sue?